IMPORTANT POINT
UGC directives are binding on universities, and non-compliance can lead to arbitrary denial of admissions.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioners are self financed colleges, which are affiliated to Hemwati Nandan Bahuguna University, Srinagar. The petitioner colleges are imparting instructions in Bachelor of Education Course, which is duly recognized by National Council for Teacher Education under Section 14 of National Council for Teacher Education Act, 1993.

2. According to petitioners, in terms of instructions issued by University Grants Commission (UGC), the affiliating University, which is a Central University, took a decision in 2022 that admission to different courses, including B.Ed. Course, will be given based on score of a candidate in Central University Entrance Test (CUET), conducted by National Testing Agency.

3. It is further stated that due to the problem faced in Hill States, UGC relaxed the condition of admission through CUET in respect of Central Universities situate in hill districts, including HNB Garhwal University, and accordingly, a circular was issued on 19.05.2022 by the UGC permitting the Central Universities in hill States to take admission as per the past practice, instead of CUET for the year 2022-23.

4. According to petitioners, that due to insistence of HNB Garhwal University on admission through CUET, they could not get sufficient number of students, and most of the seats in B.Ed. Course available in their college are yet to be filled. Petitioners have relied upon the Standard Operating Procedure (SOP) issued by the UGC for admission in Central Universities to fill up vacant seats. The SOP was sent to Vice Chancellors of all Central Universities, vide letter dated 04.10.2023. Para no. 2 of the said letter is extracted below:-

“As the new academic session has already commenced, the Central Universities and their constituent/affiliated colleges are requested to complete the entire admission process and fill up the vacant seats in accordance with the SOPs within twenty days from the date of issue of this letter.”

5. The relevant Clause of SOP issued vide letter dated 4.10.2023 are extracted below:-

“In case, seats still remain vacant even after exhausting the list of applicants who appeared in CUET, the Universities may take recourse to the following:

1. The University may consider conducting an entrance examination at its own level or the concerned department of the University may conduct a screening test.

2. The University may admit students on the basis of marks obtained in the qualifying examination.”

6. Relying upon the SOP, it is contended by the petitioners that HNB Garhwal University failed to conduct entrance examination at its own level, nor it held a screening test for admission to B.Ed. Course, therefore, refusal on the part of the said University to permit the petitioner colleges to give admission on the basis of marks obtained in qualifying examination is arbitrary and unjust.

7. Learned counsel for the petitioners submits that since UGC is the apex body dealing with higher education, therefore, a request by UGC has to be treated as command for State/Central University. Thus, he submits that the SOP issued by UGC could not have been ignored by the respondent-University.

8. This Court finds substance in the submission made on behalf of the petitioners. Although, in second para of the letter dated 4.10.2023, issued by UGC, the expression used is “requested”, however, a request made by UGC to a University has to be treated as command by all Universities. Therefore, the SOP issued by UGC vide its Circular dated 4.10.2023 is binding upon the respondent-University and the same could not have been overlooked.

9. Learned counsel for the respondent-University has drawn attention of this Court to the stand taken in para 11 of the counter affidavit filed by Vice chancellor, where it is stated that for B.Ed. Course, a policy decision was taken by the University to adopt CUET score for the purpose of admission in the University as well as the affiliated colleges. The stand taken by the University is contrary